Explanatory Memorandum to COM(2009)45 - Proposal for a Council Decision correcting Directive 2008/73/EC simplifying procedures of listing and publishing information in the veterinary and zootechnical fields

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Council Directive 2008/73/EC amended a number of Council acts to provide for, inter alia, uniform publication rules of lists of national reference laboratories officially approved by the Member States for diagnostic tests of animal diseases and lists of establishments or authorities officially approved for intra-Community trade or imports into the Community in the veterinary and zootechnical fields.

Directive 2008/73/EC entered into force on 3 September 2008. Directive 2008/73/EC provides that Member States are to bring into force the laws, regulations and administrative provisions necessary to comply with it by 1 January 2010. However, that Directive does not provide for the Member States to apply those provisions from that date.

For the sake of legal certainty and in order to ensure a uniform date of applications of those measures in all Member States, Member States should apply those measures from that date.

As the measures should apply from 1 January 2010, Directive 2008/73/EC should uniformly also apply from that date in all Member States.

However, certain amendments introduced by Directive 2008/73/EC that do not require transposition by Member States should not be affected by this Decision. Those amendments concern respectively the adoption of specific animal health measures in accordance with the procedure laid down in Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission i and correct an outdated reference.

In order to ensure a smooth transition to the new simplified procedures of listing and publishing information in the veterinary and zootechnical fields, it should be provided that transitional provisions may be adopted in accordance with the procedure laid down in Council Decision 1999/468/EC.

Directive 2008/73/EC should therefore be corrected accordingly.